A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

2. As pointed out by the court below, there are various circumstances unfavorable to the defendant.

However, in light of the cases of punishment and related sentencing, the Defendant appears to have the attitude of recognizing and opposing the instant crime; the Defendant paid the entire amount of damage to the National Health Insurance Corporation after the sentence of the lower judgment; the Defendant did not have any specific criminal power, other than once a fine; and other various circumstances, such as Defendant’s age, character and conduct, environment, family relationship, health status, motive, means and method of the crime; and circumstances after the crime, etc., the lower court’s sentence against the Defendant is deemed to need to be mitigated because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (including fraud, inclusive) under Article 347(1) of the same Act, Article 37 Subparag. 10 of the Resident Registration Act (including the illegal use of resident registration numbers), Article 115(3)5 of the National Health Insurance Act (including the occupation of receiving and receiving illegal insurance benefits), Article 360(1) of the Criminal Act, Article 329 of the Criminal Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a judgment with heavier punishment between a fraudulent crime and a violation of the National Health Insurance Act, and a punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.